CONTRACT TERMS

1. OBJECT OF CONTRACT

1. The lessor (EV Haldus OÜ, registry code 14932612) gives the Lessee use of the storage space (hereinafter the Mini Warehouse) located in the warehouse complex (hereinafter the Warehouse) located at Reti tee 5, Peetri Borough, Rae Municipality, for its intended purpose and the lessee is obliged to pay a fee for the use of the Mini Warehouse (hereinafter the Monthly Fee) according to the terms and conditions agreed in the lease contract (hereinafter the Contract).

2. ENTRY INTO CONTRACT

2.1. In order to enter into the Contract, the lessee places an order on the website www.everausminilaod.ee (hereinafter the Website) (hereinafter the Order) and pay the first Monthly Fee.

2.2. In order to place the order and pay the first Monthly Fee, the lessee:

2.2.1. Selects the suitable Mini Warehouse on the Website – the availability, size, location in the Warehouse and other important characteristics and technical specifications of the Mini Warehouse, as well as the Monthly Fee (including VAT) are shown directly next to the Mini Warehouse on the Website. The images of warehouse capacity on the Website are illustrative and the layouts may contain inaccuracies.

2.2.2. Reads the contract terms and conditions on the Website (hereinafter the T&C).

2.2.3. Clicks the “Enter details” button.

2.2.4. Selects whether they want to enter into the Contract as a private or corporate client and then enters the required personal data and contact details. If the lessee is a private client, they must enter their first and last name, personal identification code, address, email and contact telephone number. If the lessee is a corporate client, they must enter the company (business name), registration code, address, email, contact telephone number, first and last name of the representative and the representative’s personal identification code.

2.2.5. Enters and validates the telephone number in the format of +372xxxxxxxxxx from which they want to make the call to access the warehouse. After entering the number and clicking the button “Text the confirmation code”, the following text message is sent in response: “Enter the confirmation code [sequence of numbers] to validate your phone number”. The lessee enters the confirmation code in the “Confirmation code” field on the screen and presses the “Confirm” button, after which “Confirmed” is displayed on the screen.

2.2.6. Adds additional telephone numbers in the format of +372xxxxxxxxxx from which they want to make the call to access the warehouse, and also enters the first name and surname of the user of this telephone number (hereinafter the Additional User). Clicks the “Add number” button to add a number. 

2.2.7. Ticks the box if they want to buy a padlock to lock the Mini Warehouse. The price of the padlock (including VAT) is shown on the Website directly next to the checkbox. When a padlock is purchased, the lessee will receive a text message with an issue code, which can be used to collect the padlock from the parcel machine of the Warehouse.

2.2.8. Checks the order summary.

2.2.9. Confirms with a tick that they agree to the T&C and Privacy Policy available on the Website. By agreeing to the T&C and Privacy Policy on the Website, the lessee also confirms that they have read them thoroughly and understand them.

2.2.10. Clicks the “Back” button to change the selected warehouse or the “Place order” button to continue. By submitting the order, the lessee confirms that they request delivery of the Mini Warehouse during the withdrawal period provided for in § 56 of the Law of Obligations Act (LOA) and agrees that they lose the right of withdrawal stipulated in subsection 56 (1) of the LOA with the delivery of the Mini Warehouse. Placing an order creates a payment obligation. 

2.2.11. Clicks the “Pay via bank link” button, after which the lessee is redirected to the payment page (bank).

2.2.12. Pays the first Monthly Fee and for the padlock (if purchased).

2.2.13. Clicks the “Back” or “Back to merchant” or similar button in the bank, whereupon the lessee is redirected to the “Done” page confirming the successful submission of the Order and the Contract is deemed to be concluded. The payment information will not reach the lessor in time if the “Back” or “Back to merchant” or similar button is not clicked.

2.2.14. Downloads the Order if they so wish. 

2.3. The lessor sends to the lessee an email with the Order and the T&C.

2.4. The website is/will be published in several languages, but the Contract can only be concluded in Estonian.

3. PAYMENT OF MONTHLY FEE

3.1. Payment of the Monthly Fee (the amount of which is set out in the Order) is a prerequisite for the delivery and use of the Mini Warehouse. The Monthly Fee must be paid in advance once a month, at the latest on the calendar day preceding the start date of the billing period (except for the first Monthly Fee, which must be paid when placing the Order). The lessor issues an invoice to the lessee for the Monthly Fee at least five (5) calendar days before the start date of the billing period (except for the first Monthly Fee, for which the lessor will issue an invoice to the lessee after the first Monthly Fee has been paid). The Monthly Fee is deemed to have been paid when it has been received in the lessor’s bank account.

3.2. If the first Monthly Fee has not been paid and one (1) calendar day has passed from the date of submission of the Order, the Contract will be deemed terminated and the Order is cancelled. The lessor does not send a separate notice about this to the lessee.

3.3. If the Monthly Fee (any subsequent, not the first Monthly Fee) is overdue, the lessor has the right to close the lessee’s access to the Warehouse without notice, remove the lessee’s padlock from the Mini Warehouse and lock the Mini Warehouse with its own padlock. In addition, the lessor has the right to charge the lessee a contractual penalty in the amount of one Monthly Fee. If the said Monthly Fee is not paid by the due date and seven (7) calendar days have passed since the due date, the lessor may consider the Contract terminated without prior notice to the lessee.

3.4. If the Monthly Fee is paid after the due date but before the Contract is deemed to have expired, the lessor will restore the lessee’s access to the Warehouse and will remove its padlock from Mini Warehouse within 96 hours of the Monthly Fee being paid. The lessor has the right to make the restoration of access and the removal of the padlock conditional upon the payment of a contractual penalty (clause 3.3). The lessor has the right to refuse to restore access and to remove the padlock and to terminate the Contract and deduct the paid Monthly Fee towards the contractual penalty (clause 3.3) if the lessee has breached the payment obligation with the same pattern of behaviour (i.e. by causing the access to be closed due to late payment and then making the payment) more than twice during the rental period.

3.5. Upon the expiry of the Contract on the basis of clause 3.3 or 3.4, the lessor has the right to remove the lessee's padlock from the Mini Warehouse without prior notice to the lessee and to vacate the Mini Warehouse from items and to dispose of them without assessing their value, and to claim compensation from the lessee for the costs of removal, vacating and disposal. The lessor is not responsible for the preservation of such property.

3.6. The Monthly Fee includes VAT and accessory expenses (heating, general electricity, security of common areas and cleaning). The consumption or provision of other services is subject to prior agreement with the lessor, in accordance with the lessor’s price list.

3.7. The Lessor has the right to increase the Monthly Fee y informing the lessee about this at least two (2) months in advance.

4. DELIVERY OF MINI-WAREHOUSE

4.1. Regardless of the validity of the Contract, the obligation to deliver the Mini Warehouse and the right to use it will arise no earlier than from the payment of the first Monthly Fee. For the purpose of delivery and use of the Mini Warehouse, the Warehouse Access System interfaces the telephone number(s) entered by the lessee (hereinafter the Access Authorised Telephone Number) when the Order is placed and activates access for the lessee. The Mini Warehouse is deemed delivered to the lessee when access is activated.

4.2. The front door of the Warehouse is opened by calling the telephone number on the front door of the Warehouse from the Access Authorised Telephone Number. The lessee ensures the existence of a mobile phone for the delivery and use of the Mini Warehouse and that it meets the requirements necessary for the use of the service. The front door of the Warehouse closes automatically.

4.3. The lessor must be contacted in order to change (remove/add) the Access Authorised Telephone Numbers.

4.4. It is assumed that the Mini Warehouse is used for its intended purpose (i.e. used for storing items), warm and clean, and can be locked with a padlock. If the Mini Warehouse does not meet these requirements, the lessor must be notified no later than on the next working day after the Mini Warehouse is taken into use.

5. USE OF MINI-WAREHOUSE

5.1. Allowed and prohibited items

5.1.1. The mini-warehouse can only be used to store clean (cleaned), dry and odourless items.

5.1.2. Storage of the following items is strictly forbidden: substances harmful to the environment or human health; flammable, radiological or explosive substances (including pressurised foam rubber, polyester, and compressed gas, including aerosols); weapons, ammunition, explosives; toxic substances (arsenic, cyanide, mercury, rat poison, etc.); radioactive substances; corrosive substances; narcotic substances; wood and foam rubber, unless they are part of the furniture to be stored; live animals, birds, fish, etc.

5.2. Permitted and prohibited activities

5.2.1. Storage is allowed only in the mini-warehouse. Storage in the general areas of the warehouse (staircase, corridor, territory, etc.) is prohibited. Placing and displaying advertisements (including a logo or other symbols) outside the mini-warehouse is forbidden. In the case of such violation, the lessor has the right to vacate the general areas of the warehouse of the items (including advertisements) and to dispose of them without prior assessment of their value, and to demand from the lessee the reimbursement of the costs related to vacating and disposing of such items. The lessor is not responsible for the preservation of such property.

5.2.2. The reprocessing, decanting, drying and other such processing of substances is prohibited in the warehouse.

5.2.3. It is prohibited to stay in the warehouse overnight or without purpose, to smoke, drink alcohol or use narcotic substances, and to run technical machinery or equipment with a working motor or engine.

5.2.4. It is prohibited to modify the mini-warehouse in any way, this includes installing shelving brackets, hooks or other such mountings on the walls, floor or ceiling, or to cause other such damage to the property of the lessor. The shelves used in the mini-warehouse must be free-standing without any mountings. The floor capacity on the first floor of the warehouse may not exceed 500 kg/m2 and on the second and third floor 200 kg/m2. The load capacity of the lift is 1,800 kg (max).

5.2.5. It is prohibited to sublease the mini-warehouse. In cases of doubt, the lessor has the right to carry out controls on persons present at the warehouse (including to demand to see their identity documents) and/or block the movement of the lessee or their representatives/companions in the warehouse and on its territory.

5.3. The lessee is obliged to:

5.3.1. use the warehouse and the mini-warehouse according to its intended purpose in a careful and prudent manner, and follow the generally applicable public order, fire safety, public health, security and other such requirements and acts;

5.3.2. ensure that the front door of the warehouse is closed upon entering and leaving to guarantee security, warmth and cleanliness in the warehouse. It is prohibited to place items between the front door or otherwise prevent the automatic closing of the door;

5.3.3. lock the mini-warehouse with a padlock. The lessor ensures the readiness for padlock installation and allows for a padlock to be purchased upon the submission of an order. If the lessee fails to lock the mini-warehouse with a padlock, the lessor has the right to lock the mini-warehouse with their own lock and demand from the lessee the reimbursement of the costs related to the locking of the door;

5.3.4. allow the lessor to check whether the mini-warehouse is used in accordance with the contract;

5.3.5. notify the lessor as soon as possible of any circumstances preventing the use of the warehouse and/or mini-warehouse, and of any event or act that diminishes or destroys the value of the warehouse or mini-warehouse (e.g. accident, fire), or of any risk of the occurrence of such an event or act, immediately taking measures to prevent further damage and eliminate adverse consequences;

5.3.6. ensure that the lessor has access to the mini-warehouse to carry out necessary maintenance and repair works. In cases of no urgency, the lessor notifies the lessee of their wish to carry out such work three calendar days in advance. In the event of an emergency, the lessor has the right to enter the mini-warehouse without giving prior notice to the lessee. In both cases, the lessor has the right to enter the mini-warehouse even if the lessee is not present;

5.3.7. arrange at their own expense the proper management of waste (including sales packaging and packaging waste) and the performance of all the obligations arising from the Packaging Act;

5.3.8. ensure safe movement in the warehouse (including with trolleys), prevent the risk of slipping, falling or colliding with other structures (including the lift) and items of the warehouse.

6. TERM OF CONTRACT

6.1. The Contract will enter into force from the submission of the Order (hereinafter the Start Date) and is entered into indefinitely (indefinite Contract).

6.2. The Contract expires when cancelled by ordinary or extraordinary procedure, also when the Warehouse or the Mini Warehouse is destroyed or rendered unusable.

6.3. The lessee can cancel the Contract by the ordinary procedure as at the last calendar day of the billing period. In order to cancel the Contract by ordinary procedure, the lessee must submit a formal request on the Website at least seven (7) days before the last calendar day of the billing period.

6.4. The lessor can cancel the Contract by the extraordinary procedure on the basis of clauses 3.3 and 3.4. In addition, the lessor has the right to cancel the Contract by the extraordinary procedure and not to return the advance payment if the lessee does not use the Mini Warehouse for its intended purpose or otherwise breaches clause 5.

6.5. At the latest on the end date of the Contract, the lessee vacates the Mini Warehouse from the items, cleans the Mini Warehouse and removes the padlock from the Mini Warehouse. It is prohibited to leave any items in the Mini Warehouse or in the Warehouse or on its territory after the expiry of the Contract. Clause 5.2.1 is applied in the event of a breach.

6.6. The Contract will not be considered renewed if the lessee fails to return the Mini Warehouse to the lessor without prior agreement with the lessor (breach of clause 6.5). In case of a breach of clause 6.5, the lessor has the right to demand from the lessee a contractual penalty for each day of delay, which corresponds to twice the daily rate calculated from the Monthly Fee.

7. LIABILITY AND LEGAL REMEDIES

7.1. In the event of a delay in the performance of the payment obligation, the lessee undertakes to pay the lessor default interest at the rate of 0.05% of the overdue amount for each day of delay and a contractual penalty in the cases provided for in the Contract. If the lessee breaches an obligation other than the payment obligation, the lessor has the right to demand compensation for damage and, in addition, a contractual penalty in the amount of up to one Monthly Fee, unless a different contractual penalty rate has been agreed in the Contract. The grounds for extraordinary termination of the Contract due to the breach of an obligation are provided in the Contract. The lessee is also responsible for all persons entering the Warehouse as the lessee’s agent or attendant or the Additional User. The lessor has the right to use the lessor’s right of security with regard to the items belonging to the lessee located in the Mini Warehouse and/or the Warehouse to secure its claims.

7.2. The lessor is not responsible for the damage, loss or destruction of the items stored in the Mini Warehouse. The lessee bears the risk of preservation of the property. It is recommended to insure the items stored in the Mini Warehouse. The lessor is not liable for any damage caused by persons renting storage space in the Warehouse to the other persons renting storage space. The lessor’s liability in such a case is limited to assisting in identifying the person who caused the damage to the lessee’s property, i.e. the lessor must disclose, to the extent possible and within the limits of the law, to the injured lessee and/or the investigating authority the information necessary to identify the person who caused the damage.

8. FORWARDING INVOICES AND NOTICES

8.1. The lessee confirms that their or their representative’s personal and contact details in the order are correct. The lessee is obliged to notify the lessor immediately of any changes in data.

8.2. The lessor forwards all invoices, notices and other documents to the lessee to the email address provided in the order. All invoices, notices and other documents are considered valid without a digital signature if they have been sent to the email address provided in the order. Any notices or documents sent by email are considered received on the calendar day following the sending of such email. The lessee undertakes to ensure the receipt of emails (including sufficient data volumes and accesses).

9. PERSONAL DATA PROCESSING

9.1. The lessor processes personal data in accordance with the personal data terms published on the website.

10. OTHER TERMS AND CONDITIONS

10.1. The lessor has the right to unilaterally amend the T&C. The lessor must notify of any amendments at least one (1) month in advance. The lessor has the right to give notice of amendments less than one (1) month in advance, if the amendment of the T&C is not unreasonable in respect of the lessee. The lessee can review the amended T&C on the Website or in any other manner indicated by the lessor.

10.2. The partial or full assignment of the rights and obligations arising from the Contract by the lessee to a third party without the prior written consent of the lessor is prohibited.

10.3. The law of the Republic of Estonia is applied to the Contract. The Contract is a commercial lease contract and does not constitute a deposit contract (including a storage contract) within the meaning of Chapter 45 of the Law of Obligations Act.

10.4. Any and all disputes shall be settled in negotiations. Failing agreement, the dispute is resolved in the Harju County Court.

10.5. The Contract consists of the Order (the special part) and the T&C (the general part).

date of entry into force 01.01.2025